64B8-8.017: Citation Authority
PURPOSE AND EFFECT: The proposed rule amendment is intended to address the appropriate penalty for failure to document CME violations.
SUMMARY: The proposed rule amendment clarifies the appropriate penalty for failure to document CME violations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.077, 458.309 FS.
LAW IMPLEMENTED: 456.072(2)(d), 456.077 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:
64B8-8.017 Citation Authority.
In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.
(1) through (2) No change.
(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:
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VIOLATIONS |
PENALTY |
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(a) CME violations. |
Within twelve months of the |
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(Sections 458.321, 458.331(1)(g), (x), |
date the citation is |
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456.072(1)(e), (s), F.S.) |
issued, Respondent must |
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submit certified documentation of |
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completion of all CME requirements |
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for the period for which the citation |
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was issued. Respondent’s continuing |
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education courses will be audited for |
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the next two biennia to ensure compliance |
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with renewal requirements; AND |
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(b) Failure to comply with a |
$ 500 fine and compliance with |
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CME audit. |
the CME audit within 10 days. |
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(Sections 456.072(1)(e), (s), F.S.) |
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1. Failure to document required |
$ 250 fine |
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HIV/AIDS and related |
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infections of TB CME. |
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2. Failure to document required |
$ 250 fine |
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domestic violence CME. |
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3. Failure to document required |
$ 250 fine |
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medical errors CME. |
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4. Failure to document required |
$ 500 fine |
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HIV/AIDS and related infections |
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of TB and failure to document |
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domestic violence |
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5. Documentation of some, but not |
$ 50 fine for each hour |
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all, 40 hours of required |
not documented |
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CME for license renewal. |
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(c) through (q) No change.
(4) through (5) No change.
Specific Authority 456.077, 458.309 FS. Law Implemented 456.072(2)(d), 456.077 FS. History–New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06,_________.